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Should independent countries outside the European Union follow EU pesticide policies?
9/10/2023 9:11:51 AM

Should independent countries outside the European Union follow EU pesticide policies?

Agricultural development is one of the most powerful tools to end extreme poverty, enhance well-being and feed 9.7 billion people by 2050. Growth in the agricultural sector is two to four times more effective in increasing income compared to other sectors.


The European Union (EU) is a unique political and economic cooperative structure made up of 27 countries in Europe. The European Union operates a "single market" overseen by the European Commission (EC). The EU's share in global agricultural production is less than 7%. Although it may sound strange, the EU expects to pressure even other countries, especially developing countries, to comply with the EU's pesticide and food policies. This will have detrimental consequences for countries outside the European Union. There are strong reasons for this view.


The relationship between population and food demand:

According to the United Nations Department of Economic and Social Affairs, population growth is an important factor in increasing food demand. In 1960, the 27 countries of the European Union accounted for 12% of the world's population. By 2021, their share will be halved to six percent. The rest of the world is now home to 94% of the world's population. The average age of the EU population is 44 years compared to 30 years globally. The European Union is currently facing not only a declining population, but also an aging population.


The population of the European Union in 2021 recorded a decrease of 172,000 people. More than a fifth of EU residents are aged 65 or over. As a result, the EU is under no pressure to produce more food due to a shrinking and aging population. With a small share of world population and agricultural production, the EU cannot and indeed should not impose its food production and pesticide policies on other countries. Such attempts to assert extraterritorial jurisdiction beyond the scope of the WTO-SPS and TBT agreements are unilateral, imposing, and inconsistent with WTO rules.


With increasing population and decreasing agricultural land, the agricultural sector in other parts of the world is challenged to achieve more goals with less basic facilities (land and water). Population growth is an important factor for increasing food demand in developing countries. Under these circumstances, there is no reason to compromise on regulatory governance in agriculture.


UNCTAD in its 2022 report "Africa's Agricultural Revitalization: Time for Bold Action" addresses the following issues:


- Nearly 60% of the population of the African continent is food insecure.

- Most African countries are pure food importers.

- At least 82% of Africa's basic food imports are from outside the continent.

- The necessity of modernizing countries and adopting strategies for production, increasing skills and using new technologies to increase productivity is well felt.


Africa is currently the second most populous continent after Asia. The population of Africa is twice that of Europe. It is estimated that Africa consumes only four percent of pesticides globally. Optimum use of agrochemicals can make a big difference in improving crop productivity and food security in Africa. African countries cannot follow EU pesticide policies.


FAO estimates show that annually between 20 and 40 percent of the global production of crops is lost due to pests. Every year, plant diseases cost about 220 billion dollars and invasive insects cost about 70 billion dollars to the global economy. Pesticides play an important role in reducing crop losses from pests and diseases.


Climate, crops, types of pests and diseases are very different among countries. Even global agricultural practices are highly heterogeneous. Pesticides suitable for EU agriculture may not be suitable for agriculture outside the EU. Food and Agriculture Organization (FAO) advises different countries to act according to their needs.


According to the FAO Guidelines for Legislation on the Control of Pesticides 1989, [pesticides] legislation should be designed to effectively deal with the specific problems applicable in the country. Good pesticide laws should take into account the economic and social situation of the country as well as the crops grown, pest problems, food patterns, toxicities of required pesticides, literacy levels, climatic and environmental considerations. "Developing countries should design procedures tailored to their specific needs and not necessarily adopt all elements of a regulatory scheme that may be in place in another country, particularly a developed country."


This issue is also repeated in a way in the Rio statement:

"Governments must establish effective environmental laws. Environmental standards, goals and management priorities should reflect the environmental and development contexts in which they are applied. The standards applied by some countries may be inappropriate and have unjustifiable economic and social costs for other countries, especially developing countries (Article 11 of the United Nations Declaration, Rio 1992).


EU Pesticide MRL Policy Questioned


The maximum residue limit (MRL) is the highest level of pesticide residue that is legally tolerated in an agricultural product when traded. Agricultural commodities may be food, grains, oilseeds, fruits and vegetables, milk, meat, etc. MRLs are usually well below levels that cause consumer health concern. The MRL is not a safety limit. This indicator only indicates whether Good Agricultural Practice (GAP) has been followed in the use of the respective pesticide.

The index of pesticide MRLs, which can have a direct or indirect effect on international trade, is administered under the auspices of the World Trade Organization. The European Union maintains an MRL of 0.01 ppm for all pesticides that are not authorized for use in EU countries. This approach is actually not compatible with the requirements of the SPS WTO Agreement. This limit set by the EU without a risk assessment u/s 5.1 of the SPS Agreement is without sufficient scientific evidence and is being applied in a manner that constitutes a disguised restriction on international trade.

This questionable EU policy sometimes forces small countries to ban pesticides that are not allowed in the EU. This is a political, unnecessary and inappropriate reaction. The EU must adhere to its GATT/WTO commitments and cannot continue with GATT/WTO inconsistent pesticide MRLs.


Pesticide use is increasing in the European Union:

The European Union established Directive 2009/128/EC in October 2009 as a framework for achieving sustainable use of pesticides and promoting non-chemical alternatives to pesticides. But the empirical evidence does not say the great failure of the European Union in this regard. According to European Commission statistics, pesticide consumption in the European Union has increased by 34% from 2,60,665 tons in 2012 to 3,49,993 tons in 2021. Remember that the EU is also the largest exporter of pesticides in the world, accounting for nearly 50% of all pesticide exports.

The final result is that independent governments have inherent power, rights and responsibilities to determine their own policies. They do not need EU pesticide and food production policies. As recommended by FAO, they should be guided according to their needs with respect to cultivated crops, common pests and diseases and their socio-economic development.

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